Unknown. Final special conditions; request for comments

4,560 words·~21 min read·/register/2010/05/12/2010-11309·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-05-12.xml --- 75 91 Wednesday, May 12, 2010 Contents Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Older Americans Act Title III Service Recipients, 26759 2010-11202 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Natural Resources Conservation Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26706 2010-11269 Animal Animal and Plant Health Inspection Service NOTICES Decision to Issue Permits for Importation of Fresh Pomegranates and Baby Kiwi from Chile into United States, 26707-26708 2010-11438 Environmental Assessments; Availability, etc.: ArborGen, LLC; Controlled Release of Genetically Engineered Eucalyptus Hybrids, 26708-26709 2010-11437 Children Children and Families Administration NOTICES State Median Income Estimate for a Four-Person Family:

Federal Fiscal Year

(FFY)2011 State Median Income Estimates; etc., 26780-26782 2010-11287 Coast Guard Coast Guard RULES Safety Zones: Annual events requiring safety zones in the Captain of the Port Lake Michigan Zone, 26650-26653 2010-11265 May Fireworks displays within the Captain of the Port Puget Sound Area of Responsibility (AOR), 26648-26650 2010-11300 NOTICES Certificate of Alternative Compliance for the Crew Boat CAPT PEYTON P, 26784 2010-11303 Certificate of Alternative Compliance for the Offshore Supply Vessel JOSHUA CANDIES, 26783 2010-11263 Certificate of Alternative Compliance for the Offshore Supply Vessel PEYTON CANDIES, 26783-26784 2010-11264 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 26738-26739 2010-11395 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26844-26845 2010-11229 2010-11230 Copyright Copyright Royalty Board NOTICES Distribution of the 2000-2003 Cable Royalty Funds, 26798-26807 2010-11231 Defense Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26739 2010-11284 Defense Defense Department See Defense Acquisition Regulations System See Navy Department Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26740-26742 2010-11335 2010-11353 Investing in Innovation Fund; Extension of Application Deadline Date, 26742-26743 2010-11451 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: CHRYSLER, LLC, 26791 2010-11273 Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance: Alticor, Inc., et al., 26794-26795 2010-11270 Arcelor Mittal, et al., 26793 2010-11276 Beam Global Spirits & Wine, et al., 26793-26794 2010-11281 Electronic Data Systems, et al., 26792 2010-11277 Fypon, LTD, et al., 26793 2010-11278 General Motors Company, et al., 26791-26792 2010-11275 International Paper Co., Franklin Pulp & Paper Mill, 26794 2010-11280 New United Motor Manufacturing, Inc., et al., 26794 2010-11279 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 26795-26797 2010-11271 2010-11272 Negative Determination Regarding Application for Reconsideration: Cummins Power Generation, 26797-26798 2010-11274 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Hydrogen and Fuel Cell Technical Advisory Committee (HTAC), 26743 2010-11288 EPA Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Reformulated Gasoline and Diesel Fuels; California, 26653-26662 2010-11005 Pesticide Tolerances: Clethodim, 26673-26678 2010-11301 Fluazinam, 26662-26668 2010-11302 Flutriafol, 26668-26673 2010-11296 PROPOSED RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Kentucky; Redesignation of Kentucky Portion of Cincinnati-Hamilton 1997 8-Hour Ozone Nonattainment Area to Attainment, 26685-26701 2010-11145 NOTICES Adequacy Status of Motor Vehicle Emissions Budgets; etc.: California, 26749-26750 2010-11295 Adequacy Status of the Hickory-Morganton-Lenoir, NC 1997 PM2.5 Attainment, 26750-26751 2010-11304 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Internet Survey Research for Improving Fuel Economy Label Design and Content, 26751-26754 2010-11294 Registration Applications: Pesticide Products, 26754-26756 2010-11298 Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26706-26707 2010-11225 Meetings: Dairy Industry Advisory Committee, 26710-26711 2010-11223 FAA Federal Aviation Administration RULES Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-Demand Operations; Corrections and Editorial Changes, 26645-26646 2010-11266 Special Conditions: Rockwell Collins, Inc., Boeing Model 737-700/-700C/-800/-900, etc., 26643-26645 2010-11309 PROPOSED RULES Airworthiness Directives: Turbomeca S.A. ARRIEL 2B and 2B1 Turboshaft Engines, 26681-26683 2010-11324 NOTICES Petition for Exemption: Summary of Petition Received, 26839-26840 2010-11289 Petitions for Exemption: Summary of Petition Received, 26843-26844 2010-11256 FCC Federal Communications Commission PROPOSED RULES Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, 26701-26702 2010-11326 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessments: Clarification and Request for Comment, 26681 2010-11176 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Cameron LNG, LLC, 26744-26745 2010-11238 Pacific Gas and Electric Co.; Environmental Site Review and Technical Meetings, 26743-26744 2010-11234 Baseline Filing: ONEOK Gas Transportation, L.L.C., 26745 2010-11236 Combined Filings, 26745-26746 2010-11243 Filings: ONEOK Westex Transmission, LLC, 26746-26747 2010-11237 Initial Market-Based Rate Filings: Meadow Lake Wind Farm IV LLC, 26747 2010-11239 Market-Based Rate Filings: Bluco Energy, LLC, 26748 2010-11241 Meadow Lake Wind Farm III LLC, 26747-26748 2010-11242 U.S. Gas & Electric, Inc., et al., 26747 2010-11240 Meetings: North American Electric Reliability Corporation; Commissioner and Staff Attendance, 26748-26749 2010-11233 Technical Conference: Credit Reforms in Organized Wholesale Electric Markets, 26749 2010-11232 Public Utility District No. 1 of Snohomish County, WA; Jackson Hydroelectric Project, 26749 2010-11235 Federal Housing Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26756-26757 2010-11267 Federal Railroad Federal Railroad Administration NOTICES Application for Approval of Discontinuance or Modification of a Railroad Signal System; etc., 26838-26839 2010-11209 Metrics and Standards for Intercity Passenger Rail Service; etc., 26839 2010-11261 Petition for Waiver of Compliance, 26840-26843 2010-11206 2010-11208 2010-11211 2010-11212 Petitions For Approval: Railroad Safety Program Plan, 26843 2010-11204 Food Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs: Ivermectin, 26647 2010-11282 Ophthalmic and Topical Dosage Form New Animal Drugs: Ivermectin Topical Solution, 26647-26648 2010-11244 Oral Dosages Form New Animal Drugs: Orbifloxacin Suspension, 26646-26647 2010-11245 Foreign Foreign Assets Control Office NOTICES Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 12978, 26845 2010-11221 Unblocking of Three Specially Designated Nationals Pursuant to Executive Order 13224, 26846 2010-11220 Forest Forest Service NOTICES New Recreation Fee Site: Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447), 26711 2010-11040 Plan revision for Coconino National Forest; Coconino, Gila and Yavapai Counties, AZ, 26711-26714 2010-11364 Proposed New Recreation Fee Site: Federal Lands Recreation Enhancement Act, 26714 2010-11042 Health Health and Human Services Department See Aging Administration See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Meetings: Advisory Committee on Minority Health, 26757 2010-11308 Scientific Advisory Committee on Alternative Toxicological Methods, 26757-26759 2010-11318 Health Health Resources and Services Administration NOTICES Health Care Integrity and Protection Data Bank and National Practitioner Data Bank: Public Posting of Non-Compliant Government Agencies, 26759-26760 2010-11368 Public Readiness and Emergency Preparedness Act Countermeasures Injury Compensation Program: Procedures for Submitting a Letter of Intent to File Requests for Benefits, 26773-26774 2010-11340 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Meetings: Homeland Security Advisory Council; Teleconference, 26782 2010-11293 Indian Indian Health Service NOTICES Office of Clinical and Preventive Services; Division of Behavioral Health: Domestic Violence Prevention Initiative; Domestic Violence, 26768-26773 2010-11194 Domestic Violence Prevention Initiative; Sexual Assault Projects Expansion, etc. , 26763-26768 2010-11198 Re-designation of the Service Delivery Area for the Cowlitz Indian Tribe, 26774-26780 2010-11337 Interior Interior Department See Land Management Bureau See National Park Service International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Designation of a Fair, 26714-26715 2010-11215 Extension of Time Limit for Final Results of Countervailing Duty Administrative Review: Carbazole Violet Pigment 23 from India, 26716 2010-11320 Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Seamless Refined Copper Pipe and Tube from Mexico, 26726-26733 2010-11342 Seamless Refined Copper Pipe and Tube from the People's Republic of China, 26716-26726 2010-11344 Justice Justice Department See National Institute of Corrections Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 26784-26785 2010-11285 2010-11286 Meetings: Sierra Front-Northwestern Great Basin Resource Advisory Council, Nevada, 26786-26787 2010-11362 Western Montana Resource Advisory Council, 26787 2010-11360 Public Land Order No. 7741: Transfer of Public Land into Trust for the Shivwits Band of Paiute Indians; Utah, 26788 2010-11248 Public Land Order No. 7742: Withdrawal of Public Land for the Manning Canyon Tailings Repository; Utah, 26788-26789 2010-11249 Realty Action: Classification for Lease and Subsequent Conveyance for the Recreation and Public Purposes Act; etc., 26790 2010-11251 Recreation and Public Purposes Act Classification for Conveyance of Public Lands in Grand County; Utah, 26789 2010-11250 Library Library of Congress See Copyright Royalty Board Management Management and Budget Office NOTICES North American Industry Classification System: Updates for 2012, 26856-26869 2010-11290 National National Council on Disability NOTICES Meetings; Sunshine Act, 26807 2010-11392 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26837-26838 2010-11312 National Institute National Institute of Corrections NOTICES Solicitation for a Cooperative Agreement: Evaluation of Technical Assistance for Evidence-Based Decisionmaking in Local Criminal Justice Systems; Applicant Conference, 26791 2010-11366 NIH National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 26761 2010-11315 2010-11316 2010-11317 National Cancer Institute, 26761-26762 2010-11313 National Center for Research Resources, 26760 2010-11319 National Human Genome Research Institute, 26762 2010-11051 National Institute of Allergy and Infectious Diseases, 26760 2010-11323 2010-11359 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 26762 2010-11363 National Institute of Dental and Craniofacial Research, 26762-26763 2010-11361 Request for Comment: National Center for Complementary and Alternative Medicine Announcement of Strategic Planning White Papers, 26780 2010-11311 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Amendment to Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon Oil Spill, 26679-26680 2010-11184 PROPOSED RULES Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery, 26703-26705 2010-11339 Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan: Amendments 20 and 21; Trawl Rationalization Program, 26702-26703 2010-11346 NOTICES Application for Modificaton: Endangered Species; File No. 1596, 26715 2010-11336 Endangered Species; File No. 10022; Permits, 26715-26716 2010-11338 National Park National Park Service NOTICES Intent to Repatriate a Cultural Item: Army Corps of Engineers, Walla Walla District, Walla Walla, WA, et al., 26785-26786 2010-11352 National Register of Historic Places: Pending Nominations and Related Actions, 26787-26788 2010-11329 National Telecommunications National Telecommunications and Information Administration NOTICES Preventing Contraband Cell Phone Use in Prisons, 26733-26738 2010-11350 NRCS Natural Resources Conservation Service NOTICES Environmental Impact Statements; Availability, etc.: Clarke County Water Supply Project, Clarke County, IA, 26709-26710 2010-11227 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Airfield Operations at Naval Air Station Key West, FL, 26739-26740 2010-11314 Nuclear Nuclear Regulatory Commission NOTICES Application for Special Nuclear Materials License: Oregon State University, Corvallis, OR, 26807-26812 2010-11310 Office of Management and Budget See Management and Budget Office Postal Postal Regulatory Commission NOTICES New Postal Product, 26812 2010-11246 Presidential Presidential Documents PROCLAMATIONS Special Observances: Mother's Day (Proc. 8517), 26875-26876 2010-11555 National Women's Health Week (Proc. 8516), 26871-26874 2010-11554 Peace Officers Memorial Day and Police Week (Proc. 8518), 26877-26878 2010-11556 EXECUTIVE ORDERS Government Agencies and Employees: State, Department of; Iraq Strategic Partnership Office, Establishment (EO 13541), 26879-26880 2010-11557 SEC Securities and Exchange Commission NOTICES Applications for Order for Exemption: AdvisorShares Investments, LLC and AdvisorShares Trust, 26815-26822 2010-11252 Meetings; Sunshine Act, 26822 2010-11446 Order of Suspension of Trading: Universal Property Development & Acquisition Corp., 26822 2010-11401 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 26828-26830 2010-11257 EDGA Exchange, Inc., 26827-26828 2010-11260 EDGX Exchange, Inc., 26822-26823 2010-11259 International Securities Exchange, LLC, 26830-26832 2010-11254 NASDAQ Stock Market LLC, 26823-26825 2010-11255 New York Stock Exchange, LLC, 26825-26827 2010-11258 NYSE Arca, Inc., 26832-26837 2010-11253 SBA Small Business Administration NOTICES Disaster Declarations: Alabama, 26813-26815 2010-11199 2010-11201 Kansas, 26815 2010-11207 Minnesota, 26814 2010-11193 New Hampshire, 26813 2010-11195 Tennessee, 26814-26815 2010-11191 2010-11205 Virginia, 26813 2010-11197 State State Department NOTICES Meetings: Advisory Committee on Historical Diplomatic Documentation, 26837 2010-11328 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26782-26783 2010-11297 Veterans Veterans Affairs Department PROPOSED RULES Hospital and Outpatient Care for Veterans Released from Incarceration to Transitional Housing, 26683-26685 2010-11177 NOTICES Meetings: Genomic Medicine Program Advisory Committee, 26846-26847 2010-11322 Privacy Act; Computer Matching Program, 26847 2010-11372 Privacy Act; Systems of Records, 26847-26854 2010-11349 2010-11373 Separate Parts In This Issue Part II Management and Budget Office, 26856-26869 2010-11290 Part III Presidential Documents, 26871-26880 2010-11555 2010-11554 2010-11556 2010-11557 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 91 Wednesday, May 12, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM427; Special Conditions No. 25-405-SC] Special Conditions: Rockwell Collins, Inc., Boeing Model 737-700/-700C/-800/-900 and -900ER Series Airplanes Equipped With Rockwell HGS-4000 Head-Up Guidance System With Enhanced Vision System Functionality AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Boeing Model 737-700/-700C/-800/-900 and -900ER series airplanes equipped with the Rockwell HGS-4000 Head-Up Guidance System. These airplanes, as modified by Rockwell Collins, Inc., will have a novel or unusual design feature associated with the Enhanced Vision System

(EVS)functionality, to be added by Supplemental Type Certificate (STC). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is May 6, 2010. We must receive your comments by June 1, 2010. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attn: Rules Docket (ANM-113), Docket No. NM427, 1601 Lind Avenue, SW., Renton, Washington, 98057-3356. You may deliver two copies to the Transport Airplane Directorate at the above address. You must mark your comments: Docket No. NM427. You can inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Dale Dunford, FAA, Aircraft and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; telephone

(425)227-2239; facsimile

(425)227-1320; e-mail *dale.dunford@faa.gov.* SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for, prior public comment on these special conditions are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public-comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning these special conditions. You can inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want us to acknowledge receipt of your comments on this proposal, include with your comments a self-addressed, stamped postcard on which you have written the docket number. We will stamp the date on the postcard and mail it back to you. Background On September 22, 2008, Rockwell Collins applied to the FAA for approval of the installation of an EVS on the Boeing Model 737-700/-700C/-800/-900 and -900ER series aircraft with a Rockwell Collins Model HGS 4000 head-up display

(HUD)that is able to display forward-looking infrared

(FLIR)imagery. On January 9, 2004, the FAA published revisions to operational rules in 14 CFR parts 1, 91, 121, 125 and 135 to allow aircraft to operate below certain altitudes during a straight-in instrument approach while using an Enhanced Flight Visibility System

(EFVS)to meet certain visibility requirements. However the applicant does not seek approval of this EVS as an EFVS. Note: The term “enhanced vision system”

(EVS)in this document refers to a system comprised of a head-up display, imaging sensor(s), and avionics interfaces that display the sensor imagery on the HUD, and overlay that imagery with alpha-numeric and symbolic flight information. However, the term has also been commonly used in reference to systems that displayed the sensor imagery, with or without other flight information, on a head-down display. For clarity, the FAA created the term “enhanced flight visibility system”

(EFVS)to refer to certain EVS systems that meet the requirements of the new operational rules—in particular, the requirement for a HUD and specified flight information—and which can be used to determine “enhanced flight visibility.” An EFVS can be considered a subset of a system otherwise labeled EVS. The EVS uses new and novel technology for which the FAA has no certification criteria. Title 14 Code of Federal Regulations (14 CFR) 25.773 does not permit visual distortions and reflections that could interfere with the pilot's normal duties, and was not written in anticipation of such technology. Because § 25.773 does not provide for alternatives or considerations for such a new and novel system, it is necessary to establish safety requirements that assure an equivalent level of safety and effectiveness of the pilot compartment view as intended by this rule. Other applications for certification of such technology are anticipated in the near future and magnify the need to establish FAA safety standards that can be applied consistently for all such approvals. Special conditions are therefore prescribed under the provisions of § 21.16. Compliance with this special condition is required for the EVS to be found acceptable to provide supplemental situational-awareness information particularly for the following intended functions: • Verification of aircraft position during takeoff roll, approach, landing, and rollout; • Verification of aircraft attitude during takeoff climb, enroute cruise, descent, approach, and landing; • Terrain and obstacle awareness and avoidance during takeoff, climb, enroute cruise, descent, approach, landing, and rollout. Type Certification Basis Under the provisions of 14 CFR 21.101, Rockwell Collins, Inc., must show that the Boeing Model 737-700/-700C/-800/-900 and -900ER series airplanes meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A16WE, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. A16WE are as follows: Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-77, for Boeing Model 737-700, and -800 series airplanes, with the exceptions listed on the type certificate; part 25, as amended by Amendment 25-1 through Amendment 25-91, for Boeing Model 737-700C and -900 series airplanes, with the exceptions listed on the type certificate; and part 25, as amended by Amendment 25-1 through Amendment 25-108, for the Boeing model 737-900ER series airplanes, with the exceptions listed on the type certificate. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable parts that are not relevant to these special conditions. If the regulations incorporated by reference do not contain adequate or appropriate safety standards for the Boeing Model 737-700/-700C/-800/-900 and -900 ER series airplanes because of a novel or unusual design feature, special conditions are prescribed under § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 737-700/-700C/-800/-900 and -900 ER series airplanes must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. Novel or Unusual Design Features The Rockwell Collins, Inc., STC to add EVS capability to the HGS-4000 Head-Up Guidance System uses new and novel technology that displays video raster imagery in the field of view regulated by § 25.773. This rule does not permit distortions and reflections in the pilot compartment view that can interfere with normal duties, and was not written in anticipation of such technology. The video image potentially interferes with the pilot's ability to see the natural scene in the center of the forward field of view. Unlike the pilot's natural forward vision, the EVS image is infrared-based, monochrome, two-dimensional ( *i.e.* no depth perception), and of lower resolution. While the pilot may be readily able to see around and through small, individual, stroke-written symbols on the HUD, the pilot may not be able to see around or through the image that fills the display without some interference of the outside view. Nevertheless, the EVS may be capable of meeting an equivalent level of safety when considering the combined view of the image and the outside scene which is visible to the pilot through the image. It is essential that the pilot can use this combination of image and natural view of the outside scene as safely and effectively as the pilot compartment view currently available without the EVS image. Discussion Since § 25.773 does not expressly provide for alternatives or considerations for such a new and novel system, it is necessary to establish safety requirements that assure an equivalent level of safety and effectiveness of the pilot compartment view as intended by that rule. The purpose of this special condition is to provide the unique pilot compartment view requirements for the EVS installation. Applicability As discussed above, these special conditions are applicable to the Boeing Model 737-700/-700C/-800/-900 and -900ER series airplanes. Should Rockwell Collins, Inc., apply at a later date for a STC to modify any other model included on Type Certificate No. A16WE to incorporate the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, the Federal Aviation Administration

(FAA)proposes the following special conditions as part of the type-certification basis for Boeing Model 737-700/-700C/-800/-900 and -900ER series airplanes equipped with Rockwell HGS-400 Head-Up Guidance Systems modified by Rockwell Collins to add EVS functionality: 1. EVS imagery on the HUD must not degrade the safety of flight or interfere with the effective use of outside visual references for required pilot tasks during any phase of flight in which it is to be used. Use of the EVS during approach operations, though not intended for use as an Enhanced Flight Visibility System (EFVS), according to 14 CFR 91.175 (l), must not degrade the pilot's outside view of visual references, the forward visibility, nor the pilot's ability to assess the aircraft position for a safe landing. EVS imagery of the apparent airport and runway environment must not be misleading, create pilot confusion, nor increase pilot workload. 2. To avoid unacceptable interference with the safe and effective use of the pilot compartment view, the EVS device must meet the following requirements: a. EVS design must minimize unacceptable display characteristics or artifacts ( *e.g.* noise, “burlap” overlay, running water droplets) that obscure the desired image of the scene, impair the pilot's ability to detect and identify visual references, mask flight hazards, distract the pilot, or otherwise degrade task performance or safety. b. Control of EVS display brightness must be sufficiently effective, in dynamically changing background (ambient) lighting conditions, to prevent full or partial blooming of the display that would distract the pilot, impair the pilot's ability to detect and identify visual references, mask flight hazards, or otherwise degrade task performance or safety. If automatic control for image brightness is not provided, it must be shown that a single manual setting is satisfactory for the range of lighting conditions encountered during a time-critical, high-workload phase of flight ( *e.g.,* low-visibility instrument approach). c. A readily accessible control must be provided that permits the pilot to immediately deactivate and reactivate display of the EVS image on demand without removing the pilot's hands from the primary flight controls (yoke or equivalent) or thrust control. d. The EVS image on the HUD must not impair the pilot's use of guidance information or degrade the presentation and pilot awareness of essential flight information displayed on the HUD, such as alerts, airspeed, attitude, altitude and direction, approach guidance, wind shear guidance, Traffic Alert and Collision Avoidance System

(TCAS)resolution advisories, and unusual-attitude recovery cues. e. The EVS image and the HUD symbols, which are spatially referenced to the pitch scale, outside view and image, must be scaled and aligned ( *i.e.,* conformal) to the external scene and, when considered singly or in combination, must not be misleading, cause pilot confusion, or increase workload. Airplane attitudes or cross-wind conditions may cause certain symbols, such as the zero-pitch line or flight path vector, to reach field-of-view limits such that they cannot be positioned conformably with the image and external scene. In such cases, these symbols may be displayed, but with an altered appearance which makes the pilot aware that they are no longer displayed conformably (for example, “ghosting”). f. A HUD system used to display EVS images must, if previously certified, continue to meet all of the requirements of the original approval. 3. The safety and performance of the pilot tasks associated with the use of the pilot compartment view must be not be degraded by the display of the EVS image. Pilot tasks which must not be degraded by the EVS image include: a. Detection, accurate identification, and maneuvering, as necessary, to avoid traffic, terrain, obstacles, and other hazards of flight. b. Accurate identification and utilization of visual references required for every task relevant to the phase of flight. 4. Appropriate limitations must be stated in the Operating Limitations section of the airplane flight manual. The airplane flight manual must prohibit the use of the EVS for functions that have not been found to be acceptable. Issued in Renton, Washington, on May 6, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-11309 Filed 5-11-10; 8:45 am]

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